The state House and Senate have each unanimously approved a House Bill 1203 related to Homeowners’ Associations in Florida. The legislation would require HOAs in the state to give each resident its rules and covenants and force them to let each person know of any updates to those documents. Read the article…………………………….
Regulations and Statutes
Homeowners Associations (HOAs) play a crucial role in maintaining the integrity and value of residential communities across the United States. However, managing an HOA involves navigating a complex web of state and federal regulations, as well as adhering to community bylaws and governing documents. Read the article…………………………….
Homeowner’s discrimination suit against HOA dismissed (VA)
Where a man alleged he was treated differently by his homeowner’s association because of his national origin, but he failed to allege enough factual detail that could plausibly show that his property was similarly situated as the properties owned by his neighbors who were treated differently, his suit was dismissed. Read the article…………………………….
Condo Column: Condo Law Legislative Update – 2024 (CT)
Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws.” – Plato. This year’s slate of pending legislation includes an old, worn out retread, and some new ones. None have as yet passed and are in various committees. Part 1………………… Part 2………….. […]
From Now On…….HOA Directors Are On the Radar as Well (FL)
There’s no question that 2024 will be remembered as the year that both HOA and Condominium law were jolted. This week, let’s discuss how HOA directors can wind up behind bars. Read the article…………………………….
Bills to reform Colorado’s construction defects law advance in Legislature
Two bills aimed at reforming Colorado’s construction defect law advanced through the Legislature this week, one to spur more condo development by lowering insurance costs and another to give homeowners more protection against shoddy construction. They both have to do with the state’s Construction Defect Action Reform Act, which sets up a process for homeowners […]
A Glimmer of Hope for Co-ops and Condos Struggling with LL97 (NY)
A bill giving tax breaks to co-ops and condos in return for energy efficiency upgrades has a strong chance of passing in the State Senate, thanks to support from a majority of New York City Council members. If enacted, the Green Buildings Act would offer a lifeline to apartment buildings struggling to meet Local Law […]
New Laws Protect Bird-Friendly Yards From Neighborhood Rules
Even as her yard blossomed with black-eyed Susans and milkweed, Melinda Soltys didn’t consider herself a gardener; she just wanted to see more wildlife. After learning how native vegetation improves habitat for the animals she hoped to attract, Soltys grew a haven for birds and butterflies in her front yard. “As soon as you start […]
Uncertainty Reigns as Corporate Transparency Act Declared Unconstitutional (NY)
The Corporate Transparency Act (CTA), the new disclosure law that, as detailed in Habitat Magazine’s March 2024 cover story, threatens to upend corporate governance practices for millions of entities, has itself been upended. At least, that is one possible outcome of the surprising — and surprisingly sweeping — decision from the Northern District of Alabama […]
Homeowner Associations: $156,476.33 Is The Fees/Costs Award Against An In Pro Per Plaintiff Who Lost A Demurrer To The HOA And A Subsequent Appeal (CA)
We have posted many times on how attorney’s fees and costs are the “tail that wags the dog in litigation” in homeowner-HOA disputes, resulting in hefty awards for the prevailing party or resulting in a large expenditure fees even though no one is deemed to have prevailed. Harter v. Rancho Rios Homeowners Assn., Case No. […]
National Puppy Day: Exploring Assistance Animal Laws in Community Associations
This Saturday, March 23 is National Puppy Day, where dog owners and lovers come together over their shared appreciation for our four-legged companions. National Puppy Day is meant to raise awareness of the number of dogs that need to be rescued each year and help prospective pet owners consider adoption. Community association residents should know […]
Failure to Follow Community Association Governing Documents Leads to Litigation in Florida
A recent opinion out of Florida’s Third District Court of Appeal stresses the importance to read, understand, and follow community association governing documents before initiating any amendments that alter the substantive rights of the association’s members, especially one as critical as the required vote to terminate an association altogether. Read the article…………………………….
$15M settlement for man who fell through N.J. condo’s pool stairs
ABergen County man severely injured when he fell through a wooden stairway while working at a condominium swimming pool has agreed to settle his lawsuit for $15 million. James Visconti, 59, of Saddle Brook, was servicing the pool at Harmon Cove IV community pool in Secaucus on Sept. 6, 2018, when wooden steps collapsed beneath […]
Condo Boards and Managers Beware: Ignoring Complaints of Rule Violations Lands You in Court (NY)
A brand new Appellate Court decision underscores condo boards’ duty to act in good faith when residents report violations of building rules and regulations. In the case of Bacharach v. Board of Managers of the Brooks-Van Horn Condominium, the board faced legal action after years of alleged inaction regarding excessive noise complaints. The New York […]
Judge orders luxury Kaua?i vacation condo project to pause construction (HI)
Construction on a luxury vacation condominium project on Kaua?i’s south shore is now on hold. Last week, a judge ordered a 10-day work stoppage for the Kauanoe O K?loa project, a 279-unit development that has received backlash from members of the Native Hawaiian community. Read the article…………………………….
Nebraska bill seeks to prohibit homeowners associations from banning political signs
Nebraska homeowners would be allowed to display political signs on their property during election season without restriction from their homeowners association, under a new bill in consideration in the Legislature. Read the article…………………………….
Clarified Rights and Obligations Under the Illinois Electric Vehicle Charging Act: What Do Illinois Community Associations Need to Know?
The Illinois Electric Vehicle Charging Act (“Act”), which imposes certain requirements to foster widespread adoption of electric vehicles (“EVs”), took effect on January 1, 2024. Per its original terms, the Act applied only to “newly constructed single-family homes and multi-unit residential buildings that have parking spaces and are constructed after the effective date of this […]
HB 1203: Lots of New Protections for Members Living in HOAsMakes It Harder for CAMS (FL)
House Bill 1203 and SB 7046 merged to eventually create a huge bill for the protection of homeowners in HOAs. It starts by placing lots of responsibilities on community association managers. A community association manager or community association management firm that is authorized by contract to provide community association management services to a homeowners’ association […]
How Strong Is Your Liability Shield? Understanding Bylaws & Board Actions (NY)
Could your condo bylaws save you from a costly lawsuit? A recent Brooklyn court decision highlights the critical role bylaws play when unit owners and their Board of Managers clash. Read the article…………………………….
Lawmakers Advance Bill To Stabilize Soaring Insurance Costs For Condo Owners (HI)
Hawaii lawmakers are seeking to stabilize Hawaii’s condominium insurance market against sharply rising premiums and a declining availability of hurricane insurance that has sent ripples through Hawaii’s housing market. Read the article…………………………….
Arizona Court of Appeals Holds Severance Damages Unavailable for Homeowners Whose Easements were Extinguished in Eminent Domain
The Arizona Court of Appeals recently held that members of a homeowners’ association are not entitled to severance damages to their residential parcels when common areas are condemned. Read the article…………………………….
Court sides with homeowners in NC ski country who want short-term rentals
After a homeowners association in the North Carolina High Country tried to block short-term rentals during ski season, a court has ruled against the HOA. The Reserve II sits feet from the slopes on the top of Sugar Mountain in Avery County. Jeff and Martha Wells have had their home there for more than 10 […]
Update on the HB22-1137 Related Bills (CO)
The HOA foreclosure sale bill, HB24-1158, was heard by the Transportation, Housing & Local Government Committee on February 27, 2024. The recorded hearing is available on its website. Read the article…………………………….
New Jersey Supreme Court Affirms Condominium’s Ability to Limit Alleged “Emotional Support Animals,” Clarifying the Process To Be Used For ESA Accommodations
On Wednesday, March 13th, New Jersey’s Supreme Court released its long-awaited decision in the Players Place II Condominium Association v. K.P. case. In 2018, a resident claiming to be disabled for New Jersey’s Law Against Discrimination (“LAD”) adopted a dog that would ultimately weigh almost 65 lbs. despite Players Place II’s rule prohibiting dogs weighing […]
Farmers condo insurance case explores exclusion clauses (WA)
The Gardens Condominium v. Farmers Insurance Exchange case revolves around an all-risk insurance policy issued by Farmers Insurance Exchange to The Gardens Condominium. The policy was designed to cover any direct physical loss unless caused by an excluded event. Notably, the policy included an exclusion for faulty, inadequate, or defective workmanship but also contained a […]
Business Judgment Rule: How to Protect Your Board (NY)
The recent case of Levy v. 103-25 68th Ave. Owners, Inc. offers some valuable insights for property managers and board members within cooperative housing communities. In June 2018, the Levys commenced this action against the co-op defendants and the occupants of the neighboring apartment, alleging, inter alia, that the co-op defendants exceeded the scope of […]
NYC pols urge Albany to OK tax break for ‘green’ mandate that could cost co-op, condo owners $20K
New York City Council members feeling the heat from thousands of angry co-op and condo owners are urging state pols to OK tax breaks over a new “green” mandate that could cost more than $20,000 per unit. The City Council had actually approved the mandate, the Climate Mobilization Emissions Law, in 2019 requiring residential buildings […]
Lawmakers criminalize kickbacks and concealing records at condo, homeowners associations (FL)
Florida lawmakers boosted repercussions against community association board members and managers who go rogue, including criminalizing kickbacks and hiding records. This session, the House and Senate passed two condo and homeowners associations bills. They require Gov. Ron DeSantis’ signature to become final. Read the article…………………………….
The Construction Defect Bills (CO)
The number of laws proposed during the 2024 legislative season that affect the rights and responsibilities of homeowners associations leaves board members spoiled for choice as to which of the mounting problems or crises their associations face in the coming year they will be investing their emotional wherewithal. In an effort to alleviate the pains […]
New law means an HOA can’t stop you from hardening your home against wildfires (CO)
A new state law voids homeowners’ association rules that prevent residents from using building materials that are more resistant to wildfires. Gov. Jared Polis signed the legislation this week. In a statement, he said the new law should help homeowners safeguard their homes and save money on insurance. Read the article…………………………….
New York Court Decision Highlights the Importance of Corporate Guidance for Board Member Protection (NY)
A recent New York Appellate Division decision (Cortlandt Street Recovery Corp. v. Bonderman) underscores the significance of retaining experienced corporate counsel to protect both corporations and their board members from potential liability. The court rejected the plaintiff’s attempt to hold various related entities collectively liable for the actions of one, highlighting the complex challenges in […]
What Makes a Home………Business? (CO)
The Colorado legislature recently introduced SB24-134, a bill that requires associations to allow home businesses in your communities. The new law, as currently written requires associations to allow unit/lot owners to run a home business in the community, BUT……..Restrictions apply! Read the article…………………………….
Worcester lawmakers talk bills on condo repairs, fallen hero taxes, more (MD)
The House Environment and Transportation Committee heard a bill sponsored by Del. Wayne Hartman (R-38C) on March 5. House Bill 1262, or Common Ownership Communities-Reserve Studies-Alterations, would extend the timeline for required condominium repairs determined by an assessment from three to five years. Read the article…………………………….
After post-Ida lawsuit spike, lawmakers seek big changes for home insurance claims (LA)
After Hurricanes Laura and Ida, thousands of Louisiana homeowners filed lawsuits against their insurance companies, alleging the insurers were lowballing and delaying their claims as they struggled to rebuild. The crop of lawsuits, many still winding through the state’s court system, has become central to the debate over how to stem Louisiana’s property insurance crisis. […]
Lawmakers criminalize kickbacks and concealing records at condo, homeowners associations (FL)
Florida lawmakers boosted repercussions against community association board members and managers who go rogue, including criminalizing kickbacks and hiding records. This session, the House and Senate passed two condo and homeowners associations bills. They require Gov. Ron DeSantis’ signature to become final. Read the article…………………………….
Important Reminders Regarding Association Business (CO)
The last few weeks have proven to be very busy with regards to Homeowner Association business. Please note the following updates and recommendations regarding Associations. Read the article…………………………….
Lawmakers set sights on broadband, TV ‘advisers’ (FL)
Lawmakers passed several bills related to homeowner and condo owner associations this year, but one 11th-hour change that didn’t make the cut is expected to make a return next year. At issue are companies or individuals who contract with homeowner associations to advise on services such as broadband and cable TV, and then broker contracts […]
No Super Lien for You: New Case on the Priority of HOA Liens in North Dakota
In a case of first impression, the North Dakota Supreme Court ruled that, despite the language of a declaration of covenants and restrictions to the contrary, a homeowners’ association (HOA) lien for unpaid assessments does not have super priority over a later recorded mortgage. In the Industrial Commission of North Dakota v. Gould, 2024 ND […]
Four Lakes Task Force Files Motion to Expedite Homeowners Association Appeal of Special Assessment (MI)
The governing body of the four lakes and dams in Midland and Gladwin counties is hoping a court will expedite an appeal filed by a homeowners association. Read the article…………………………….
New York Class Action Settlement Impacts Foreclosure Proceedings: What Condo and HOA Boards and Management Need to Know
A recent class-action settlement addressing foreclosure procedures in New York State has significant implications for condominium and homeowners’ associations (HOAs) that have owners in arrears. The law involved only applies to foreclosures of home loans, and not condo and HOA foreclosure of common charge liens and experienced counsel need to make this clear at the […]
The SB4D Bill and How it Impacts Tampa Condominiums (FL)
The Senate Bill 4D Bill is a legislative measure enacted by the Florida State Legislature aimed at addressing various issues related to property insurance. Created to combat rising insurance costs and insurance market instability, this bill includes several provisions that can affect property owners, including condominium associations. Read the article…………………………….
Bridging the Gap: SB428 Expands Available Protections in the “HOA Workplace” (CA)
By now, most individuals in the industry are aware of the newly adopted AB648 (virtual meetings) and AB1458 (lowered quorum). However, SB428 is another bill that managed to fly under the radar and will ultimately have a significant impact by providing associations with a more expansive tool to protect those who serve community associations, including […]
House toppeled the estoppel, preventing $100M in new HOA fees (FL)
The House in the waning hours of the 2024 Legislative Session stood its ground on the “Home Tax” bill dealing with estoppel certificates and who can pay for them. Its unwillingness to budge left the measure (HB 979) dead for the Session. Read the article…………………………….
State lawmakers want to study HOA insurance market (CO)
When a townhome complex in Louisville lost five buildings in the 2021 Marshall Fire, the homeowners board president expected the insurance would go up. But not this much. The Wildflower townhome community’s annual insurance premium went from $65,000 in June 2022 to $437,000 in June 2023, according to board president Mark Appelfeller. He said the […]
HOA members obstructed access to riverfront pier — $400,500 verdict (VA)
Plaintiffs included a homeowner’s association in Gloucester County and several of its lot-owning members. Defendants are also members of the homeowner’s association with a waterfront lot within the subdivision. Defendants’ waterfront lot is encumbered by half of a 15-foot ingress and egress easement to a community pier, which pier is affixed within the easement above […]
Condo owners at 443 Greenwich have been suing developer for years (NY)
Bloomberg had the story this week, and I have since traced it through court records: Since 2021, the “board of managers” (is that what folks call a condo board?) of 443 Greenwich, aka the celebrity dorm between Desbrosses and Vestry, has been in court with its sponsor owners and architect over a laundry list of […]
A Generator Bill That is Long Overdue (FL)
Until now there was no law in our Florida HOAs that would allow a home owner to install their own electrical generator with above ground or below ground gas tanks. Here we are, living in Florida with sometimes unbearable heat and humidity, we have a large elderly population, hurricanes generally hit in the hottest parts […]
Florida Condo Mitigation Bill Passes but Other Insurance Bills Uncertain After Changes
A Florida pilot program to fortify coastal-area condominiums is on its way to the governor but other property insurance bills may have hit a snag after last-minute changes – with just two days left in the legislative session. The state Senate on Wednesday voted 39 to 0 in favor of House Bill 1029, which had […]
HOA, condo daycare prohibition bans considered by Minnesota lawmakers
Those who live in a homeowner’s association (HOA) or condo looking to create an in-home licensed daycare center could no longer be denied its operation as long as they have a license in Minnesota under a new proposal being considered by lawmakers. Read the article…………………………….